Measures for the metering of telephone calls and the interception of telecommunications in criminal proceedings: Legal aspects and implications for human rights and public safety – The case of Kosovo

Abstract

This paper deals with the measures of metering of telephone calls and interception of telecommunications in Kosovo, in particular the legal framework, as well as the impact they have on human rights and public safety. From the study of domestic legislation, ECHR standards, and ECtHR jurisprudence, it is evident that investigative measures should be applied only when there are no other less intrusive means to achieve the same goal. The paper deals with the content of the standards of Directive 2014/41/EU on the European Investigation Order, assessing that, although Kosovo has no formal obligations towards it, as it is in the pre-accession phase, the harmonization of its legislation in this field with European standards is necessary. The results of this study show that, although these measures are necessary for the fight against organized crime and the strengthening of public safety, they carry real risks for fundamental rights, in particular the right to privacy, freedom of expression, and freedom of thought. Their misuse can damage citizens’ trust in state institutions and violate the essence of guaranteed rights. In conclusion, it is recommended to strengthen judicial oversight, increase institutional transparency, and harmonize Kosovo’s legislation with international standards.